Residents oppose rezoning

Advocate staff photo by PATRICK DENNISSusan Delaune and her children, Camille, 14, left, William, 12, center and John, 9, right, speak in opposition Monday during the public hearing segment of the East Baton Rouge Parish Planning Commission's consideration of rezoning from residential to commercial property on the south side of Perkins Road near Stuart Avenue. Show caption
Advocate staff photo by PATRICK DENNISSusan Delaune and her children, Camille, 14, left, William, 12, center and John, 9, right, speak in opposition Monday during the public hearing segment of the East Baton Rouge Parish Planning Commission's consideration of rezoning from residential to commercial property on the south side of Perkins Road near Stuart Avenue.

Citing the objections of more than 100 nearby residents, the city-parish Planning Commission voted 7-1 on Monday to reject developer Ben Skillman’s request to rezone his residential property at Perkins Road and Stuart Avenue for medical office use.

The measure, which also would require a change to East Baton Rouge Parish’s land-use map, drew opposition from those who called it “spot zoning” that would only serve to help Skillman sell the property and continue the encroachment of commercial development south of Perkins Road in Baton Rouge.

Skillman’s attorney, Randy Roussel, three supporters and the recommendation of the Planning Commission’s staff contended that Perkins is too busy and lined with commercial development for the property to be considered too residential to rezone.

Jamie Landry Karem, a legally blind woman living next to the property with her husband and three children, pointed out that the entrance to the gated property is on Stuart, interior to the neighborhood.

She said the fact that Skillman has used the house as his office for years does not amount to tacit approval from the neighborhood, as claimed.

“A home office is completely different than an office building,” said Karem, noting she and many others walk the neighborhood regularly and deserve to have it stay residential.

While Roussel pointed to the development across Perkins and some even on the south side, residents opposed were adamant that the Planning Commission honor the maps that show the street zoned residential around much of the property and FuturEBR, the new $1.9 million master plan adopted by the commission and the city-parish a year ago.

“We’ve spent the time, worked hard ... let’s follow the plan,” said Dennis Vidirine of the Goodwood Property Owners Association.

“Already one year into the plan, you’re not going to follow the spirit of the map?” asked Nancy Curry, president of the Goodwood Villa Area Neighborhood Association.

“Apparently, it was a waste if you’re going to chuck it this quickly,” resident Elise Allen said.

Kathy Wascom, who lives nearby on Aberdeen Avenue, said she used to work at the library, where the amendments to the Horizon Plan added significantly to the document.

“It brings a real cynicism toward government when you see exception after exception after exception ...” she said.

Warner J. Delaune, a lawyer and opponent of the proposed rezoning, said rezoning to a small planned unit development, typically done to encourage infill development in difficult spaces by giving the developer maximum flexibility, does not apply here.

“This is not a unique and creative development,” he said. “It’s a man trying to sell his property.”

“The main purpose is for Mr. Skillman to sell his property,” said Greg Aycock, a lawyer who opposed the change. “That’s why we’re here today.”

Roussel, Skillman’s representative at the meeting, said the property has been on the market for 18 months and prospective buyers are telling Skillman it is more appropriate for office use.

“Perkins Road is not a residential street in this section,” he said.

Patricia Angelle, a pharmacist, addressed concerns among residents that the group of psychiatrists Skillman wants to sell his property to will be treating recovering drug addicts, which would severely affect property values.

Frank Muscarello, a former commissioner and a parishioner at St. Aloysius Catholic Church, compared saying commercial developments fit on the south side of Perkins to saying you could put a chemical plant in the neighborhoods across from ExxonMobil.

Commissioner Martha Jane Tassin said that while she considers herself pro-development and the master plan a fluid document, “I don’t believe this is the place to start changing FuturEBR.”

Commissioner John Price also said he considers the change “spot zoning.”

Commissioner W.T. Winfield, on the other hand, challenged residents’ contention that they have not opposed all development and echoed the staff’s contention that there are commercial uses nearby. His motion to approve died without a second.

Commissioners Tara Wicker, Darius Bonton, James Gilmore, Sarah Holliday-James, Laurie Marien, Price and Tassin voted to deny the change.

Winfield voted against the denial. Commissioner Audrey Nabors Jackson was absent.

The Metro Council will take up the issue next at its zoning advisory committee meeting on Nov. 20.


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Comments (34)


1) Comment by CountryBoysCanSurvive - 17/10/2012

2 Comment by Being_Stupid that was real class. My wife passed away 7 months ago, thanks for the cheap shot.

2) Comment by phil - 16/10/2012

Once I was in the consulting business and one trick was to use a lot graphics and pictures and repeat the same things a few times to make a plan look thick as if there was a lot in it. In reality the entire thing that was created could be presented in about 10 pages. Of course, that never happens in the real world.

3) Comment by nouveaurouge - 16/10/2012

@beingsmart Denigrate? These are the same folks who chided and scoffed at me at every meeting where I honestly and without agenda attempted to explain the travails of living on Perkins Road. The same folks who, after my home was destroyed by Gustav, came to visit not to find out if we were okay or needed some neighborly help but to fish around to find out if we were going to rebuild or sell out to a developer. Never once did I feel an ounce of appreciation from Association members for living on Perkins and turning a shabby rent house into an owner-occupied residence and preserving your property values and protecting you from encroaching development. Never. And yet I take the SSCA position into account on each of these issues. I sympathize with my neighbors' gut reactions to perceived threats. Have any of you considered putting your money where your mouth is and live on Perkins? Why has no one bought up the residential lots to preserve the present zoning? Wouldn't that save a lot of time and aggravation?

4) Comment by being_smart - 16/10/2012

@nouveaurouge. Yes, there were some naysayers for Perkins Lane, but ANY development will typically get some opposition. That doesn't make the opposition's points any less meritorious. But it also doesn't mean they'll win the day. Perkins Lane went through, because it was a wise and consistent use of the land in the location. It is a classic example of developers and neighbors actually working on design elements that make sense for the neighborhood. But try to put a psychiatric office with opiate addiction treatment on Skillman's property, and you're going to get an entirely different reaction from the Southdowns people you denigrate.

5) Comment by being_smart - 16/10/2012

@phil: The problem, and the strength, is that FuturEBR has something for everyone. Cite any action item (there are 576; 188 of which are determined or controlled by the Planning Commission), and I can cite you 4 or 5 other provisions which argue the other way. Only a few die-hards like me (and perhaps you) will read it, because when printed, it is about 4 inches thick (we've done it). This issue will be taken up at the MC on November 20. Anyone who has an opinion about this issue should show up and speak.

6) Comment by phil - 16/10/2012

By the way, the entire Futurebr plan is easily found by just doing a Internet search on "Futurebr" if you want to read all of it like you probably should. I would post the link but I do not think I am supposed to do that here.

7) Comment by phil - 16/10/2012

being_smart - I agree that I only included part of the Futurebr 2011 Fall Strategic Implementation Plan in my previous comment. I will add here and now that everyone should read the entire thing like I have. Personally I think there are a few good things included in the Futurebr plan, but overall it was a grand waste of a lot of money. I think everyone really needs to read the 2011 Fall Strategic Implementation Plan to get an overall feel for what is going on. My comment here is more of a general comment and not geared just towards this specific zoning issue. Don't take my word for anything - READ IT !

8) Comment by DMJ - 16/10/2012

Another reason I'll be voting against Tara Wicker this fall. She's really racking them up.

9) Comment by nouveaurouge - 16/10/2012

I seem to recall the same naysayers opposing Perkins Lane when it was up before the commission and council. I guess our appointed and elected officials should once again ignore the SSCA and make a logical decision against the vocal and illogical opposition. Then the Southdowns crowd can brag about how wonderful it turned out.

10) Comment by Being_Stupid - 16/10/2012

Perkins ceased being a "road" about 40 years ago when they constructed the I-10 back in 1964 to 1965. Prior to the 1937 overpass, it was a parking lot for stuck trains. Perkins quit being a "road" at least 50 years ago. The original reason Perkins was built in the first place prior to the 1900s was to serve as a road for farmers to depot stations along the railroad tracks. Perkins is a Major Highway. Been so for many years now.

11) Comment by Being_Stupid - 16/10/2012

Southdowns is cutting off their nose to spite their face. Literally, the face of Southdowns has become a row of rent houses for transients and college kids. Reap what you sow.

12) Comment by being_smart - 16/10/2012

@nouveaurouge. Perkins Lane properties (along Perkins Road, imagine that!) are starting at $228/sq ft. Neighboring residents negotiated with the developers on the design, and now we have a great "compact residential" community in a space that you and others claim is "unliveable" due to Perkins Road. There is your incremental change. The Skillman situation is nothing but a man trying to sell his house, and neighbors be damned what the eventual use may be. But, you do not see the distinction.

13) Comment by nouveaurouge - 16/10/2012

Hey Southdowns, your intransigence on these issues is actually hurting your property values. Take a look at the July 23rd Business Report and you will see that price per square foot is down from 5 years ago. And that tattoo parlor y'all like to demonize? Also your fault. You prevented a stable established law practice from expanding, so the attorney sold out...to a garish tattoo parlor. Learn from your mistakes and make incremental changes that will strengthen the tax base of your neighborhood, not scare potential wealthy neighbors away.

14) Comment by being_smart - 16/10/2012

@being_stupid. One more point. Our Commission members are appointed, and they serve the public in addition to their day jobs. They RELY upon having full information provided to them on which to base their important vote. Do you think they were happy to learn that critical information was withheld from them? Hint: They weren't.

15) Comment by being_smart - 16/10/2012

@being_stupid. Your comment about the Planning Staff recommending approval is priceless, because you obviously have not read it or understand what happened. Our wonderful Planning Director accumulated over 140 opposition responses and kept them buried "in the file" without distributing any contradicting viewpoints to the Staff recommendation. This was exposed last night. Do you think he gave the Commission members a copy of his "recommendation"? I think so. As taxpaying citizens, don't we have a reasonable expection that our Commission members actually RECEIVE comments from the public? Why should citizens become civically engaged if their comments go into the ether? Developers know full well that getting rezoning issues approved requires the Planning Director to control the agenda and the communications. In its best possible light, it's wrong and a perversion of "government under the sunshine." At worst, it's undue influence and corruption.

16) Comment by being_smart - 16/10/2012

@being_stupid. Why don't you attend the Commission meeting and speak up on these important issues? You seem to have a lot to say, and you certainly are aware of the more detailed and nuanced facts which are being discussed. Do you have a dog in this hunt? No families want to live on Perkins on this block? Tell that to Idle Oaks, Perkins Lane, and Southdown Gardens, all residential developments established long after Perkins Road was 5 lanes. Didn't the developers and persons buying property have a reasonable expectation that existing zoning patterns and land use would be preserved? FYI, how can you "negotiate" with a development that is dictated by a purchase agreement for a specific buyer with a specific use, and wherein the sale of the property is conditioned upon rezoning in accordance with the purchase agreement?

17) Comment by being_smart - 16/10/2012

@phil. FuturEBR Land Use Goal 4: Maintain, stabilize and strengthen existing neighborhoods, making them places where new residents are attracted to live. Objective 4.1 Existing neighborhoods should be stable, and infill development should complement existing building form. Actions to support objective 4.1: 4.1.1 Preserve the character of established residential neighborhoods by requiring that new development complement the neighborhood’s characteristics. 4.1.2 Promote the unique characteristics of existing neighborhoods as key to the city’s long-term health and vitality. Does rezoning to accommodate a "medical office" promote the unique characteristics of the existing Southdowns neighborhood on this block? Would doing so acknowledge such rezoning as key to the city's long-term health and vitality? Would it preserve the character of residential neighborhhoods in this area? How would a "medical office" maintain, stabilize and strengthen this existing neighborhood, making it a place where new residents are attracted to live?

18) Comment by DMJ - 16/10/2012

Yes, let's keep the status quo in terms of zoning laws in EBR. I mean...they've worked out great so far. Boooooo!!! It's his property; let him do with it what he chooses.

19) Comment by phil - 16/10/2012

From Futurebr STRATEGIC IMPLEMENTATION PLAN: "ACTION 4: Create new mixed-use zoning districts. A major step toward aligning the UDC with FUTUREBR, the City-Parish is creating three new mixed-use zoning districts, which can supplement existing districts in the UDC. As in many jurisdictions, it can be diffi cult and time-consuming to alter an existing code, but creating additional districts, which can serve as a supplement to existing districts can provide a set of regulatory tools to implement a new plan. This is similar to Baton Rouge’s current approach of using Planned Unit Development (PUD) zones, however, instead of custom-building the regulatory program for each site, the new district could establish a set of clear and objective standards to guide development. At the heart of each of these mixed-use zones should be a set of prototype buildings that represent the basic shape and nature of permitted development in the district. Mixed Use districts are tools to implement the Vision for FUTUREBR and are a means of consolidating or enhancing the existing zoning districts." --- I have to ask how many people actually know what is in the Futurebr plan or have read it.?

20) Comment by Being_Stupid - 16/10/2012

I can not believe NIMBYs are complaining about a medical office fronting their neighborhood. This is not a fast food restaurant or business with drive thru window. It is not commercial or retail. It is a freaking medical office. This is like the ideal transitional type business to place between single family residential and heavy commercial. It acts as the ideal buffer. Forcing this property to remain residential will be conducive to 1 thing only, rental property to transient type renters or college kids. No Family would want to buy a home, live and raise a family, small kids or pets on a major freaking highway across the street from heavy commercial and adjacent to nearby Interstate 10. Why does the Planning Commission always insist the Property Owner meet the obligations of the closed-minded, self-appointed Neighborhood Association? Why not have the Neighborhood Association meet the Property Owner half-way and get real about the situation that Perkins Highway has become and realize that a transitional zone should be incorporated down the south side of Perkins either via an Urban Design District or ISPUD that allows for Neighborhood Office or Neighborhood Retail Uses like what they did with Bluebonnet Blvd and Jefferson Hwy north of Corporate. Hopefully the next Council Rep. for District 12 will try and build consensus instead of just rubber stamping whatever the Self-Appointed Southside Neighborhood Association demands. These neighborhood associations are preventing good development and good projects for Future Baton Rouge with their NIMBYism and Absolute Political Power over the Metro Council.

21) Comment by Being_Stupid - 16/10/2012

CORRECTION, I meant to say that the The Metro Council has the power to reverse stupid decisions by the Planning COMMISSION (not Staff). (The Planning Staff recommended approval of this ISPUD, The Planning Commission voted to deny. And as for the plentiful office space across the street owned by Dan Claitor. Most Shrinks want to own their office, not rent it from Dan Claitor.

22) Comment by Being_Stupid - 16/10/2012

Smokie serves on the Metro Council, not the Planning Commission. Since Winfield voted against the denial, this case will go to the Metro Council for final review. Smokie has already publicly stated that he will vote against this rezoning request because he does whatever the Southside Neighborhood Property Collective tells him to do. This denial can still be overturned by the Metro Council.

23) Comment by nouveaurouge - 16/10/2012

The height of Southdowns hypocrisy: Your family must live on a dangerous 5 lane highway to protect my family.

24) Comment by foldgers - 16/10/2012

OK, I live in Southdowns and I am confused by this thing. Exactly what stretch of the south side of Perkins HAS to remain residential? There is a Poboy Express, a Payless shoes, a tatoo shop, Bella Bella, Pinetta's, Cracker Barrel, a book store and others. I am not saying I am for or against this rezoning, but I am confused by it. Also, I guess I would be OK with it if it were a small business that sold/produced something... but a shrink's office? I don't like that. I mean, why is it so important to put a shrink's office right there? The new Catarie across the street has plenty of office space around it, new and old. Next to Acme Oyster, I believe there are plans for a retail center in the near future. I guess I am also confused by the huge need for it to be on that corner. It isn't like people will be driving by and see the office and say, "Hey, I need a shrink today! Let me stop on in." Also, if I am not mistaken, on Hyacinth, I believe there is a realty company... I don't know. I am out the loop. But, I am curious as to where Smokie is in all of this.

25) Comment by Being_Stupid - 16/10/2012

Somebody on the Metro Council needs to ask Troy Bunch of the Planning Staff WHY the South Side of Perkins Highway was not designated for Neighborhood Center Use, and yet just months after the FutureBR Manifesto was approved, they then recommend for an ISPUD that is conducive to Neighborhood Center Use for this property that was designated to remain residential. Does not make a lot of sense, although I agree with the recommendation for the ISPUD. This area along Perkins Highway should have been designated to allow for Neighborhood Center Uses.

26) Comment by Being_Stupid - 16/10/2012

@Countryboycansurvive, that is funny because I told your wife the same thing last night.

27) Comment by gmanderson - 16/10/2012

where was smoky in all this?

28) Comment by albermarle52 - 16/10/2012

The NIMBY's are at it again

29) Comment by CountryBoysCanSurvive - 16/10/2012

To: Being Stupid, my -my, you seem to have your panties in a wad this morning?

30) Comment by Being_Stupid - 16/10/2012

The Metro Council has the power to reverse stupid decisions by the Planning Staff.

31) Comment by Being_Stupid - 16/10/2012

Hopefully the Metro Council will forgo the denial of the Planning Commission and go with the recommendation of the Planning Staff and approve this legitimate and reasonable zoning request. This is why the Planning Staff introduced the concept of ISPUD, for cases like this where a property lies in a transitional zone between Heavy Commercial and Residential.

32) Comment by Being_Stupid - 16/10/2012

It is Spot Zoning for a city to build and maintain a 4 to 5 lane commercial highway directly in front of your property, allow for Commercial Zoning across the street and directly next door, but then deny you that same right to rezone your property to what is conducive to its surroundings. Ben Skillman ought to sue the city in court for denying his property rights.

33) Comment by Being_Stupid - 16/10/2012

In drafting the FutureBR Manifesto, The Troy Bunch Planning Staff needed to have the appearance of "consent and involvement from the community" and what better way to gain this false appearance of "community involvement" than to gain approval from the Neighborhood Property Collectives and FGBRCA. The Troy Bunch Planning Staff knew that if they designated the south side of Perkins Highway as Neighborhood Center in their FutureBR Manifesto (like it should have been) that the Southside Civic Property Collective and FGBRCA would be up in arms and publicly fight their FutureBR Manifesto from the start, and the Troy Bunch Planning Staff couldn't have that. It is obvious to everybody that lives in Baton Rouge that Perkins Road is a 5 Lane Commercial Highway, and this side should have been designated for Neighborhood Center Use, not still be designated A1 Residential. This property should be allowed to be rezoned for Neighborhood Office Uses or have an Urban Design District that allows for certain office uses, light retail, or neighborhood commercial uses allowed for to create an ideal transition zone between the Heavy Commercial of Perkins and the Residential of Southdowns. When you deny property rights, expect blight to follow.

34) Comment by Being_Stupid - 16/10/2012

Property Rights DENIED. Next. This is why Baton Rouge will never become the next great city. Property is owned by the Collective, not the Individual.